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Difference between revisions of "Etiquette for Criminal Matters (1:III)"
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Etiquette for Criminal Matters (1:III) (view source)
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When an accused attends court for a matter, they should check the court lists to confirm in which courtroom the matter is to be heard. If the court is not sitting at the time, the accused should attempt to seek out the Crown Counsel who has conduct of the matter and identify themselves. | When an accused attends court for a matter, they should check the court lists to confirm in which courtroom the matter is to be heard. If the court is not sitting at the time, the accused should attempt to seek out the Crown Counsel who has conduct of the matter and identify themselves. | ||
To get their matter called, the self-represented accused person should indicate to Crown Counsel or the Crown assistant that they are present, self-represented, and ready to proceed. If Crown Counsel is not physically present, but appearing over Microsoft Teams, the accused should notify the Sheriff or Duty Counsel that they are present. Crown Counsel will proceed with the shortest matters first; priority will also be given to matters for which the accused '''and their counsel''' are present. Do not interrupt Crown Counsel when they are addressing a matter. | |||
When the Judge enters or exits the court, the accused should stand. If the court is sitting, the accused should enter the courtroom, and be seated at the chairs located behind the bar that separates the public gallery from the “well” of the courtroom in front of the judge’s bench. | |||
When the matter is called, the accused should rise and approach the counsel’s table. They should stand on the other side of the podium from the Crown. The rule of thumb is that Crown is seated next to the witness box while the defence and the accused are seated furthest away. | |||
:'''NOTE:''' Provincial Court Judges wear robes and are addressed as “Your Honour” in court while Justices of the Peace wear suits or other clothing, and are addressed as “Your Worship.” The top of a court list will also indicate whether the matter is being heard in front of a Judge or JP. | |||
:'''NOTE:''' Provincial Court Judges wear robes and are addressed as “Your Honour” in court while Justices of the Peace wear suits or other clothing, and are addressed as “Your Worship.” | |||
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When interacting with the Crown (or anyone else), the accused should always be pleasant and polite. There are times when the accused needs to be more assertive, but this should be done in a tactful way. The accused should always respect the Crown, even when pointing out errors. | When interacting with the Crown (or anyone else), the accused should always be pleasant and polite. There are times when the accused needs to be more assertive, but this should be done in a tactful way. The accused should always respect the Crown, even when pointing out errors. | ||
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Since the COVID-19 Pandemic an increasing number of court appearances are conducted remotely, both by legal representatives and accused persons. In BC, the Provincial Courts have chosen to use Microsoft Teams (“MS Teams”) for remote court appearances. The defence/self-represented accused can either dial in to the MS Teams meeting using a phone or join via a computer with a working internet connection and appear via video call | Since the COVID-19 Pandemic an increasing number of court appearances are conducted remotely, both by legal representatives and accused persons. In BC, the Provincial Courts have chosen to use Microsoft Teams (“MS Teams”) for remote court appearances. The defence/self-represented accused can either dial in to the MS Teams meeting using a phone or join via a computer with a working internet connection and appear via video call. | ||
If the defence/accused wishes to attend the appearance remotely, determine at which courthouse and in which courtroom the appearance is taking place, using Court Services Online (https://justice.gov.bc.ca/cso/esearch/criminal/partySearch.do). Call the court registry for that courthouse, tell them the courtroom, date, and time of the appearance. Ask for either the dial in number or the e-mail link for MS Teams for that courtroom on that day. The defence/accused may also wish to ask for the conference number to ensure they attend the correct courtroom. | |||
If | If the defence/accused intends to appear remotely, and knows which Crown Counsel is assigned to the court file, it is a good idea to email or call that Crown Counsel and let them know that they will be appearing remotely, specifying whether they expect to attend by telephone or MS Teams. All technology is prone to breakdowns and interruptions. If Crown Counsel knows that the defence/accused intends to appear by MS Teams, they will be slow to seek a bench warrant if the defence/accused is not present on the phone or on MS Teams at the correct time. | ||
If appearing on MS Teams, the camera and microphone should be kept off until the accused’s matter is called. The defence/accused should use the chat function of MS Teams to let Crown Counsel and the court know for which matter they are present in court to address (last name and number of matter). Once the matter is called, turn on the camera. Only unmute the microphone when it is the defence’s turn to speak. | |||
Please note, | Please note that, if appearing remotely, it is likely that the matter will be called later than if the defence/accused had attended in person. Law students representing clients are encouraged to attend appearances in person (unless ill) to observe the workflow of the active court. | ||
For further information about appearing remotely and official court rules please refer to the memorandum produced by the Provincial Court of British Columbia, NP 21 Remote Attendance in the Provincial Court: | |||
https://www.provincialcourt.bc.ca/downloads/Practice%20Directions/NP%2021%20Guide%20to%20Virtual%20Proceedings.pdf. | |||
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